In cases where a state body acts as a party to the proceedings and the court decides to recover certain sums of money from it, the writ of execution is sent not to the bailiffs within the framework of the Federal Law "On Enforcement Proceedings", but to state bodies authorized to dispose of budgetary funds in accordance with the Budget Code of the Russian Federation.
Necessary
Submit your application
Instructions
Step 1
Let's give an example. The employees of the organization were sent on the summons of the military registration and enlistment office for a medical examination as part of the activities of pre-conscription training and the organization incurred expenses in the form of paying them average earnings, which were subsequently recovered from the military registration and enlistment office by the arbitration court. After the entry into force of the court decision, receive a writ of execution and draw up a statement on the execution of the executive document addressed to the authorized state body (in this case, this is the department of the Federal Treasury of the corresponding constituent entity of the Russian Federation).
Step 2
In the text of the application, write by which court, when and in what case the decision was made, and also state the essence of the judicial act. For example, “by the decision of the Arbitration Court of the Volgograd Region of September 4, 2013 in case No. A12-5657 / 2013, the Military Commissariat of the Volgograd Region in favor of OJSC“Svecha”was recovered in the amount of 12,000 rubles. to cover the costs associated with the execution of the Federal Law "On Military Duty and Military Service", as well as the state duty ".
Step 3
Further, indicate the details of the writ of execution: "on the basis of the specified court decision, a writ of execution of the AS series No. 775775748 of 2013-27-09 was issued."
Step 4
In the next part of the application, state your request to comply with the court's decision. This can be done something like this: “I ask, guided by Art. 242.1 of the Budget Code of the Russian Federation, to carry out the execution of a judicial act on the collection from the Military Commissariat of the Volgograd Region in favor of the claimant - OJSC Svecha cash in the amount of 12,000 rubles, as well as court costs for the payment of the state duty in the amount of 2,000 rubles.
Step 5
Be sure to indicate the details for the transfer, otherwise the application will not be accepted for production. The requisites must contain: the name of the claimant, his legal address, TIN, KPP, current account number, as well as BIK, INN, OGRN of the bank in which the claimant's account is opened. As the purpose of payment, write: "collection according to the writ of execution series AC No. 775775748 of 2013-27-09."
Step 6
Complete the attachments to the application. Be sure to attach the original of the writ of execution, a copy of the court decision, a copy of the power of attorney of the signatory.
